도로교통법위반(음주측정거부)
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On August 4, 2016, the Defendant driven a motor vehicle in the influence of alcohol on the front of the Dongdong Office in Yasan-si, Yasan-si on August 4, 2016, while driving a motor vehicle with B observer B (PP) options on the front of the Dong Office in Yasan-si, Yasan-si.
There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument three times.
Nevertheless, the defendant has no reason to measure drinking, and the defendant has avoided it, and has failed to comply with the request for measurement of drinking by police officers without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;
1. Application of Acts and subordinate statutes to photographs;
1. The provision of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, the selection of punishment for a crime under the relevant provision of the Act, and the selection of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The crime of refusing to measure drinking by a defendant who has been punished twice due to driving of drinking for the reason of sentencing under Article 62-2 of the Criminal Act is not weak. In particular, drinking driving is a large accident by driving under the influence of considerable influence and physical exercise ability, which may cause serious harm and harm to unspecified people. However, although there are circumstances unfavorable to the defendant, the defendant recognizes his/her mistake and reflects his/her mistake, there is no record of being punished exceeding the fine for the same kind of crime, and all other circumstances constituting the conditions for sentencing, such as the defendant's age, sexual behavior and environment, etc., the punishment shall be determined as per the order.